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Justinian I · The Digest of Justinian §13.7.27.pr

Recovery of Property Re-Pledged by a Creditor

Passage 2165 of 9271 · Latin

Summary

In a case where a debtor gave gold items instead of cash to a creditor who then re-pledged them to another creditor, the text discusses the recovery of the items and the legal relations with the re-pledgee.

[IDEM libro sexto opinionum. ] §13.7.27.prPetenti mutuam pecuniam creditori, cum prae manu debitor non haberet, species auri dedit, ut pignori apud alium creditorem poneret.
[THE SAME, Opinions, Book 6] To a creditor requesting the money of a loan, since the debtor did not have it at hand, the debtor gave items of gold, so that the creditor might place them as a pledge with another creditor.
si iam solutione liberatas receptasque eas is qui susceperat tenet, exhibere iubendus est: quod si etiam nunc apud creditorem creditoris sunt, uoluntate domini nexae uidentur, sed ut liberatae tradantur, domino earum propria actio aduersus suum creditorem competit.
If he who had received them now holds them, they having already been freed by payment and recovered, he must be ordered to produce them; but if even now they are with the creditor of the creditor, they are deemed to be bound by the will of the owner, but so that they may be delivered freed, the owner of them has a proper action available against his own creditor.

Notes

  1. §13.7.27.prpetenti mutuam pecuniam creditori — A dative phrase. It describes the primary situation where the debtor gave items of gold to the creditor who was requesting the return of the loan (mutua pecunia) or equivalent money.
  2. §13.7.27.prexhibere — Meaning 'to produce' or 'exhibit'. In Roman law, it refers to bringing the object into court or into the presence of the parties to show its existence before demanding its return; here it implies a preliminary order to enforce the substantive return.
  3. §13.7.27.prpropria actio — Meaning 'proper/specific action'. Here it refers to the 'pledge action' (actio pigneraticia directa) which the debtor as owner can bring against his own (original) creditor.

Cite this passage

Justinian I, The Digest of Justinian §13.7.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.7.27.pr

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